City Council Meeting - November 19, 2013

Work Session

Discussion on Class B&C Road Funds
Started in 1937 in Utah. Based on population and weighted road. Take 30% of gas tax and distribute to cities for road expenditures (UDOT gets 70%). This includes construction, maintenance, equipment that is used to maintain roads, sidewalks, curb and gutter. Class B is a County road and Class C is a City road. There is no time limit on when these funds must be spent. We have currently expended all road funds to date. We allocate approximately $250,000 per year on roads and we receive approximately $272,000 in class B&C road funds. Based upon analysis done, we make sure our roads are on a consistent maintenance schedule. We receive a payment every two months from the State and these funds cover our improvement schedule for this year. Keeping up on surface treatments is essential for longevity. Our software will be updated to provide an updated plan for maintenance and replacement of roads so we can be sure we maintain enough funds to cover these, as needed. This will be started this winter and should be done by the end of next summer.

We continue to face issues with Canyon Road. UDOT wants to deed it to Cedar Hills and PG; however, the amount of money we would receive to maintain it would be considerably less than it would cost for us to actually maintain it. Mayor Gygi has reached out to a lobbyist to get information on helping with this effort as the City wants UDOT to fix and maintain the road but UDOT states there are not funds to fix it.

Discussion on History of 9900 North
In 1997 the Apple Blossom subdivision was created and the Council at the time required an additional street to that subdivision and the street had to be dedicated to Cedar Hills. Cedar Hills owns the right of way for that road. The developer was required to create a two-way street but wasn't required to put in curb and gutter. When Cedar Hills purchased the nine acres in the commercial area, that entire area including 9900 North was boundary adjusted into Cedar Hills. In 2002, Warinski Funeral home and AF houses in that area were built. The original developer of 9900 North held ownership of two feet of both sides of the street and wouldn't let AF have streets that exited onto 9900 North. The AF contractor had to work with developer to get access. As we look at developing our commercial area we will need to understand and address traffic concerns on 9900 North, but there has been misconception as to who owns the road.

Council Meeting

Public Comment
Nobody signed up.

Consent Agenda
Minutes from the October 15, 2013 City Council meeting were unanimously approved.

City Reports
David Bunker - no report.

CM Zappala - Utah Valley Dispatch met to review a study regarding staffing, technology, and space needs. They are now looking at possible sites for a new center. They want to meet with Mayors and  Councils of all member cities to see if they have any support as it would need to go to a vote of the residents for funding.

CM Rees - One press release issued for Family Week. Family Santa event will be December 9th. This is a free event for families, Santa will be there, and there will be hot chocolate and candy canes.

Mayor Gygi - Speaking with Utah League of Cities and Towns lobbyist regarding any issues that need to be addressed in the legislative sessions.

CM Augustus - Planning Commission met for joint meeting, which was in my last update. North Pointe continues to work on a potential agreement for cities to sign in order to be member cities so Trent will send the draft agreement to the Council for review.

CM Martinez - YCC met today. Working on Santa's workshop and need help with advertising. Jr. Jazz also happening now.

CM Jackman - LPPSD met. Budget season will start soon.

Review/Action on Canvass of Election Returns for the 2013 General Election
The Council will add to the total number of votes the valid provisional and absentee ballots, which were opened tonight. 17 valid provisional ballots were received, and one valid absentee ballot was received. The Mayoral seat goes to Gary Gygi, the 4-year Council terms go to Daniel Zappala and Rob Crawley, and the 2-year Council term goes to Mike Geddes. Final numbers were Crosby 397, Gygi 1122, Crawley 721, Martinez 650, Zappala 840, Bradley 691, Cox 469, Geddes 975, For prop #4 631, Against prop #4 900.

Review/Action on Resolution Adopting the Sewer Management Plan
Every five years, the City is required to submit a Sewer Management Plan as part of an overall Utah
Sanitary Sewer Management Program General Permit which is obtained by the Utah Division of
Environmental Quality. Public Works Director Jeff Maag has completed the report and presented to the Council. The City provides sewage collection and maintenance of all of the existing sanitary sewer lines within the city. Wastewater treatment is provided through the Timpanogos Special Service District (TSSD) in conjunction with other communities in the northern portion of Utah County. The Sewer System Management Plan (SSMP) has been established to provide a plan and schedule to properly manage, operate, and maintain all parts of the sewer collection system to reduce and prevent sanitary sewer overflows (SSOs), as well as minimize impacts of any SSOs that may occur. This resolution was unanimously approved.

Review/Action on Authorizing Mayor to Sign Interlocal Agreement with American Fork and Highland to Utilize American Fork Canyon Debris Basin
This had been previously approved by the Council; however, minor changes were requested Highland City to the interlocal agreement. The changes were minor and mainly grammatical. In order to have a congruent version of the agreement, it is requested that The City of Cedar Hills approve the amended agreement. All of the parameters for operations and maintenance of the flood control basin remain the same. The cities of American Fork, Highland and Cedar Hills jointly own and operate the American Fork
Canyon Debris Basin for the purpose of flood control and ground water replenishment. The members
of the debris basin management administrative board have drafted an interlocal cooperation agreement to be presented for each entity to approve. The interlocal agreement defines the specific provisions for operations and maintenance of the flood control basin. This was unanimously approved.

Review/Action on Pricing Structure for Resident Use of the Vista Room/Recreation Center
The staff presented a pricing structure to the Mayor/Council for resident rates for golf in September.
They were then tasked with creating a discounted pricing structure for the use of the Vista Room for residents. Staff recommends that the proposed pricing structure be approved so they can begin implementing and encouraging residents to use the center for their wedding/event needs. Staff can typically fill the weekend rentals, so want to continue to be able to capture those full-price revenue opportunities as much as possible. They propose that we offer Cedar Hills residents 10% off any day of the week for the Vista Room. They also propose to offer residents the facility at cost if they want to book within 30 days of their event. The suggested discount for residents is more than 30 days out is 10% off the regular rate (ranging from $1400-$1600) and the cost rate if within 30 days would be $850 for a weekend or $550 for a weekday.  The "cost" amount includes utilities, training, advertising, basic maintenance, etc. that comes out of that budget line item.
I would like to see a substantial discount for residents and not limit it to within 30 days. This facility was purchased with recreation impact fees and continues to be maintained with tax dollars, so in essence, our residents are already paying for it. Out of curiosity, I contacted AF Rec Center, Lindon Community Center, and PG Rec and Community Center to find out what they charge. It ranged from $35-$50 an hour. I realize ours is a nicer facility, but if it’s first and foremost a Community Center then our pricing structure should align with what other Community Centers charge. I also recognize the need for revenue to come into the City so I feel a fair compromise would be to offer residents the at cost pricing Sunday – Thursday with the option to book it up to 6 months in advance. My goal is to get more community and resident events at the Community Recreation Center so it’s utilized more by Cedar Hills residents. I’d also like to see more community events held there, such as Christmas choirs, talent shows, etc. so that it continues to become more of a community center.

The final adoption made was that residents can get the resident rate if they book within 45 days. We will continue this discussion with the new council and determine what the priorities for this building should be.

Review/Action on Golf Course Driving Range Fencing Repair
We have had some issues with the driving range fence at the golf course with regards to a home being hit by golf balls. We have now had some extensive damage from a wind storm to the fence. We have lost 3 sections of the netting on the west side of the driving range and need to get this replaced as soon as possible. We have contacted a company that specializes in driving range fencing and installation. Their estimate is $16,000 to replace the damaged netting and to tighten up the rest of the fencing, however we won’t know for sure until they access it. We are currently on their schedule to come out and fix the net and have asked for it as soon as feasible. Staff recommends approval of funds to be moved from the Capital Improvement Plan to fund repairing and fixing of the existing fence and netting. Item has been continued so staff can get additional information on cost of raising height of fencing 2 feet.

Review/Action on Opt-Out of Social Security
This was previously discussed in July and September. The City of Cedar Hills has never signed a 218 agreement with the Internal Revenue Service; as such the City has not opted into the Social Security program although it currently pays into Social Security for all full-time and part-time employees. Because the City participates in the Utah Retirement Systems retirement plan, the full-time employees participate in a qualified retirement plan, enabling Cedar Hills to not opt into Social Security. Staff conducted an informal poll of the full-time employees after discussing the options with them, and the results were 18-4, in favor of not opting into Social Security. In anticipation of this decision, full-time employees have met with a representative from URS, and have been informed of their options on saving for retirement. These plans included 401(K), 457, and a Roth IRA. Additionally, a life insurance benefit has been set up to replace the death benefit that will be forfeited by opting out of Social Security. This life insurance benefit will be funded by the employer’s portion, with the remainder going to a 457 match being managed by URS. After discussion with staff and the Council, staff recommends that the City Council not enter into a 218 Agreement with the Social Security Administration. Unanimously approved.

Joint City Council & Planning Commission Meeting - November 12, 2013

Joint City Council and Planning Commission Meeting on Commercial Development

Cory with Blu Line Design started the discussion. He gave a description of what has been presented to the Council and the Planning Commission. The living facility was rotated after receiving feedback from residents who live near the commercial area. Also added a walking path around the property for use by all residents, which would include exercise stations. He showed comparisons of height of building with others in the city, including the townhomes, WalMart, Harts, and the dentist office. Showed pictures of existing facility that is similar to what Blu Line is proposing. Went through the comments from the public hearing and biggest concern was the height of the building. Wanted to show how far away it is from homes in the area, hoping that mitigates some of the concern.

David Driggs would like to see business plan for commercial development. Has asked for clarification on how the developer will handle this, but is still waiting. Wants to know if any further information is available on this. Today some of the Planning Commissioners and Council Member/Mayor went to see an existing facility to get an idea for what they look like and what commercial area would look like. Mr. Driggs asked what the incentive is for the developer to continue to develop the entire area, not just the living center. Blu Line stated that they keep ownership of the living center and are buying all of the commercial area owned by the Smarts, so they are very anxious to fully develop that land. Worked with Chandler Goodwin to determine how to create a retail presence in the back of the area that isn't directly on the street.

CM Zappala stated that pictures are easily manipulated and would like numbers showing exactly how tall each building is that is shown in their presentation. That information was not available tonight.

CM Martinez asked about the enforcement of the 55+ requirement for the living center. Doug with Blu Line stated that federal law requires an 80/20 split, saying 80% does have to be 55 or older. Won't lease out to children, but would handle those who are 55 but have a spouse who is under 55. No children under the age of 19 can live at the facility. Ownership is maintained by owner of facility and background check is done on every individual who wants to live there.

Chandler Goodwin (Assistant City Manager) gave a summary on design guidelines for commercial area (SC1 commercial zone). It is not City code but a design guideline. Gives the City Council and Planning Commission latitude in design of this area. In the area under discussion, there is a maximum height of 50 feet of occupied space, with unoccupied space as determined by City Council.

CM Zappala brought conditional uses allowed in design guidelines. Assisted living center is permitted, but residential is only permitted if 50% at most is residential. According to guidelines, residential units are supposed to be incidental to retail. Chandler stated that guidelines are put together to give Council and Commission latitude with regards to commercial area. If it was in code then we would have to allow any development that meets our code. On residential vs. assisted living argument, it's not clear in guidelines. While this facility doesn't meet assisted living like Charleston, it also doesn't meet residential like an apartment complex. There are amenities provided in the facility that wouldn't be provided in a regular apartment complex. This is where Council and Commission have latitude to decide what the facility is.

Mr. Driggs suggested maybe retail be removed completely from the living center so that the height of the building could be lowered. CM Jackman is also concerned about 300 units. Once this area is developed, our commercial area is complete and we have no other commercial to develop. Also is concerned about the rest of the area being developed, and the City getting stuck with the residential and no guarantee on the retail being finished. Part of the intent of the design guidelines is so that everything has a similar look and feel. The proposed commercial development mostly meets this, but residential area doesn't blend well. It sticks out and is taller than everything around it.

I asked if they would be willing to do a two or three story building after hearing concerns of our residents. Doug stated they don't have any smaller than four story and need certain number of units to make it work for them.

CM Zappala is also concerned about having enough parking for those who live in the living center. He feels theater is a good move because it brings in more interest from higher scale restaurants and retail.

CM Martinez asked if some could be underground, but Doug stated for ADA compliance it cannot happen because it creates half windows for those below. Could possibly have a basement for amenities, such as library, chapel, etc.

Mayor Gygi stated he has a home in that area. He has talked with neighbors and most like the development but are concerned about the height of the living center. They can accept the idea of a three story building and fewer units, closer to 150-200 units.

Mr. Driggs asked if we removed retail from main floor, how many units can be added so as to reduce height of building. Doug felt maybe 12, depending on if they are one or two bedrooms. Chairman Dodge feels most of the retail that would be on the first floor wouldn't appeal to most residents anyway, so this could reduce height of the building. Mr. Driggs asked what is the incentive to the developer to remain in the game. Doug said he understands concern as most of their other facilities aren't so close to residential  homes. He is concerned that with the area the living center is located that it won't be seen from the main road if it is smaller. Feels it needs to be at least a four story building to make it work. The feel he gets today will determine how he proceeds with the Smart family and the purchase of the property. Cedar Hills has been a great community to work with, but realistically, he is confident if we did a four story building it would reduce numbers to 275. Doesn't like going under 300 but needs it to be at least 275 units. Feels it wouldn't be too much taller than the existing retail buildings.

Chairman Dodge stated all other concerns have been addressed, the only remaining issue is the height of the building. He went on tour today of existing buildings this developer has created and he was impressed with how they look and what it's done for those communities. Exterior of the building looked nice. He likes the idea of a senior center but not a five story building. He thinks it could be three story on wings and four stories in the middle in order to meet the criteria, and would be acceptable to those in the cities. He would like to see new slides showing parking, new size, what it means to be a five star center, etc that gives more specifics.

Mr. Johnson brought to the attention of all here that there is no application yet before the City. Doug has asked for public feedback so he can know how to proceed, but Mr. Johnson stated that until an application is made to the City, he doesn't have to use any of the feedback on how he proceeds.

CM Zappala asked about difference of three star and five star. Doug stated differences are three story has no sense of retail, no grand entrances, different hallways and units. Five star has more of these nicer look and feel. The way it's decorated and the amenities provided are step above three star facilities.

Mr. Dodge's primarily concerned with those who live near the area. He feels four stories to the east and north are fine, but as moving south towards the existing homes it is too tall. Suggested stepping the buildings down the closer they get to the homes so three stories on the areas nearer to the homes on the south.

CM Augustus stated that these units could be spread up and take up more of the commercial area, but then we reduce the amount of retail space available, which is why it made sense to move up in height. He feels we've been good at getting feedback and asking for changes so it makes sense for the city. Height is an issue. Maybe we could look at pushing some of the amenities into a basement, doing three stories on outer wings, and four stories on building closest to Walmart, and open up terraces and green space.

Mr. Steele stated that we have made Blu Line make several changes. Feels it would be unwise to fill in courtyards with additional units as it affects the look and reduces inviting feel of green areas. Feels residents are more concerned with type of retail that will be available. Retail needs to be priority. Wants to see phasing of retail areas. Doesn't want to make mistakes that were made in Pleasant Grove, where retail was planned but never built.

Mayor Gygi stated whatever is built there, traffic is going to increase an affect those who live in that area. He appreciates Blu Line being here. CM Zappala stated main concern with traffic is street right to the south (9900), so as we get further along we need to figure out how to mitigate concern for those residents, such as requiring right turn only on that street.

Meeting was adjourned.